There is no requirement for specific written approval pursuant to articles 1341 and 1342 of the Civil Code for an arbitration clause contained in a contract drafted to govern a single contractual relationship, when the contractual text is the result of negotiations between the parties and does not constitute a template intended to regulate an indefinite series of relationships.
Challenge of an arbitral award for violation of substantive law rules is excluded when the arbitration agreement was concluded after the amendments introduced by Legislative Decree No. 40/2006, unless such possibility is expressly provided for by the parties, by law, or there is a breach of public policy, according to the rules in force at the time of conclusion of the arbitration agreement.
It does not constitute a violation of the principle of demand that the arbitrators determine ex officio the nullity of a contractual clause in the context of ascertaining reciprocal contractual obligations, when the applicant has made a request for determination of the consideration for the work based on the contract brought before the court.
Violation of the adversarial principle in arbitral proceedings must be assessed from a substantive perspective, verifying whether there is actual prejudice to the possibility of pleading and contradicting with specific harm to the right of defence, mere formal non-observance of procedural rules not being sufficient.
Breach of public policy for the purposes of article 829 paragraph 3 of the Code of Civil Procedure must concern the final ruling contained in the award and not individual arguments supporting the decision, requiring violation of fundamental principles of the legal system that express essential values constitutionally protected.
Lack of reasoning in an arbitral award constitutes grounds for nullity only when it prevents understanding of the logical process that determined the decision or contains irreconcilable contradictions such as to render the ratio of the decision incomprehensible, a reasoning not shared by the losing party not being sufficient.